If a neighbor's tree shades your area, you need to try to resolve the issue peacefully. But in the case when the other side does not want to compromise, you can turn to regulations, laws, documentation governing the rules for planting plants on the border of the sites. At the same time, there is a lever of pressure on the owner of the neighboring site, but it is not always possible to solve the problem quickly.
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What are the norms for the location of objects in the local area
Considering that all buildings and plantings in a nearby area have an impact on other houses and plants, it is necessary to study regulatory documents during construction and planting. The owner is given the conditional freedom of arranging the local area. This is due to the fact that the documentation indicates the distances between different objects on the site. Determine the position:
- trees;
- bushes;
- residential building relative to the fence;
- outbuildings (toilet, chicken coop, etc.);
- water source (well, well);
- garage;
- gazebos.
This need is explained by the fact that the site located nearby (as well as the house and its inhabitants), are influenced by the actions of the second side (when planting plants, building objects - in this case, they are shaded vegetable garden, garden). Trouble can be avoided if everyone follows the rules. So that the crown does not obscure the neighboring area, according to SNiP 30-02-97, the distance from the planting to the fence is determined as follows:
- shrubs - 1 m;
- medium-sized trees - 2 m;
- large trees - 4 m.
It is important to understand from what point the countdown is performed. For example, if a controversial issue arises about a shrub, then the size of the crown is decisive. For trees, the reference point for the distance to the fence is the trunk (its center point). It should not be less than 2 or 4 m from it to the fence (depending on the type of tree). When this rule is followed, no violations arise, even if the crown of the tree shades the neighboring area, in this case it is recommended to try to find a compromise with the other side.
Reasons explaining why the rules cannot be violated, as well as ways of resolving disputes
It is impractical to plant trees or large shrubs in the area near the border line for a number of reasons:
- The root system spreads much further than the trunk; it can enter the soil of a neighboring area, taking nutrients from the plantings growing there.
- The crown always creates a shade, this is often a problem if the neighbors have a house near the fence, an equally difficult situation when there is a vegetable garden, flower bed, or garden nearby. In these cases, a constant shade will create a lot of inconvenience to neighbors, and will also cause a slowdown in the growth of light-loving plantations on their territory.
- The root system of a tall tree can negatively affect nearby structures (fence, house), since powerful roots, due to intensive growth, can destroy obstacles.
If the crown has grown, it causes discomfort, the injured party can independently remove the branches (cut), but this is allowed, provided that part of the crown is removed on its territory. You should first ask the other party in writing to resolve the issue. You must send a certified letter with the date, which can serve as evidence in further proceedings.
A neighbor who owns a tree with a large crown must make sure that he is right - he must check if the plant is properly planted. In accordance with the law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" (Article 19) he may be obliged to move or cut down plantings that interfere, which is possible to do in a pre-trial or judicial okay.
Do you follow the rules for the location of objects in the local area?
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